1010CLARK1.jpg Michael Clark heads toward the courtroom with family and friends at the Boulder County Justice Center in Boulder, Colorado October 10, 2012. Clark is accused of the 1994 murder of Boulder city worker Marty Grisham.DAILY CAMERA/ MARK LEFFINGWELL (MARK LEFFINGWELL)

With the prosecution resting, Michael Clark's attorney called several witnesses of their own as they tried to show Boulder police quickly fixated on Clark and never seriously considered other suspects in the 1994 murder of Marty Grisham.

The defense's first witness was Tonya Augustine, who lived in the same apartment complex as Grisham, and recalled seeing someone she thought was suspicious a few minutes before the shooting on Nov. 1, 1994.

Augustine testified that at around 9:15 or 9:30 p.m. the night of the shooting, she ran into someone while she was going to the laundry room. She said the person walked very close to her and made her feel uncomfortable. The shooting was first called in to police at 9:35 p.m.

She gave a description to police for a composite sketch the next day and also looked at a photo lineup that included Clark. She said none of the men looked familiar, and later said Clark was definitely not the man she saw.

Augustine did testify that she never heard the shooting or any of the police response that night and only found out about what happened after police told her the next day while giving the description.

Another resident of the building, Mark Zondlo, told police in 1994 and in court Wednesday that the man in the sketch was him. Police ruled that the sketch was Zondlo and cleared him as a suspect and ruled the sketch was not relevant to the shooting.

But Clark's attorney Megan Ring said Zondlo testified to arriving on the scene after the shooting, and therefore would not have been the man Augustine saw. She said it showed that Boulder police were hasty in dismissing other suspects and had already fixated on Clark as the primary suspect in the murder.

While questioning Boulder police Det. Rich Denig, Clark's attorney Nelissa Milfeld pointed out that by the next day Clark's photo was in a lineup shown to Augustine even though the sketch did not resemble Clark.

Denig said based on information they had received in the case, Clark was at that time a person of interest and that he included Clark in the lineup just to be certain.

Milfeld also called Boulder police Sgt. Tom Trujillo to the stand and questioned his decision to give Clark a gunshot residue test during an interview on Nov. 3, 1994, to try and get a confession even though he knew the test would not turn up any results after two days.

"Is there anything in the CBI manual about using the GSR test as a psychological tool?" Milfeld asked, to which Trujillo said no.

Update: 12:14 p.m.

Boulder police Det. Chuck Heidel continued his testimony Wednesday morning as he talked about how he began to investigate Michael Clark for the 1994 shooting of Marty Grisham more than 15 years later.

Heidel said before FBI and ATF agents talked to Clark in April 2011, Boulder police placed a GPS tracker on Clark's car to see how he would react after the interview.

"The main goal was to find the gun," Heidel said. "The thought was: Hey, if these FBI and ATF guys came to talk to Mr. Clark about the gun, if he did stash it maybe he would become concerned and he would go and either remove it or put it through a metal grinder or something."

Heidel said Clark left work early after the interview and drove to several gas stations, which Heidel called "unusual." Police checked records on pay phones at those gas stations but did not find any calls or any evidence at any of the gas stations.

Boulder police also placed a wiretap on Clark's phone and then began talking to his family members in the hopes Clark would talk about the case with someone.

"Sometimes when you approach people about crimes they've committed, the first thing they do is talk about it."

Heidel stepped down from the witness stand, and the prosecution rested. Boulder District Judge Thomas Mulvahill then instructed Clark that he had the right to testify on his behalf or remain silent. After a 10 minute break to speak with his attorneys, Clark elected not to testify.

Clark's attorney Megan Ring told Mulvahill the defense will be calling five witnesses.

Update: 10:32 a.m.

The prosecution's last witness, Boulder Det. Chuck Heidel, took the stand Wednesday morning as the murder trial of Michael Clark in the 1994 shooting of Boulder city worker Marty Grisham went into its sixth day.

Heidel -- one of the original detectives assigned to the Boulder Police Department's major crimes unit when it was created in 1994 -- took over the Grisham case in October 2009. At that point in time, the shooting was almost 15 years old and no arrests had been made in the case.

"It was pretty cold by the time that I got it," Heidel said.

The first thing Heidel did was go over the 1994 interview Clark gave three Boulder detectives, during which Clark lied about a 9mm gun that several witnesses said Clark had shown them before the shooting.

"Obviously, Mr. Clark had misled detectives in 1994, not only about where he got the gun, but more importantly how long he had the gun and what happened to the gun."

Heidel said finding the gun became his first priority. Using information about the general location and date that Michael Clark's friend Dion Moore gave about the gun purchase and with the assistance of an Aurora police officer, Heidel was able to obtain a pawn slip from an ABC Loan and Pawn.

The slip showed a man named David Berring bought two Bryco Jennings 9mm guns on the same day Moore said he got the guns.

Heidel tracked down Berring in Florida and said Berring remembered selling the guns to a black male with ties to Chicago -- where Moore was born -- and said the name "Dion" sounded familiar when detectives brought it up.

However, Berring was not able to pick either Moore's or Clark's face out of a photo lineup.

After doing follow up interviews with several other witnesses, Heidel asked the FBI for assistance in interviewing Clark at his work place in Silverthorne in April 2011.

Heidel said since Clark had lied about the gun to Boulder detectives in 1994, he wanted someone different to do the interview and did not want Clark to know the interview was about the Grisham shooting.

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